Breadcrumb Trail

ARCHIVED — GOVERNMENT NOTICES

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Vol. 145, No. 13 — March 26, 2011

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Notice requesting comments on a proposal to introduce a conditional permanent residence period of two years or more for sponsored spouses and partners in a relationship of two years or less with their sponsors

Following public town hall meetings and online consultations on marriages of convenience held in fall 2010, notice is hereby given that Citizenship and Immigration Canada (CIC) is soliciting written comments from all interested parties on a proposal to amend the Immigration and Refugee Protection Regulations to introduce a specified period of conditional permanent residence for spouses and partners sponsored as members of the family class or spouse or common-law partner in Canada class under subsection 13(1) of the Immigration and Refugee Protection Act (IRPA). This proposed measure would apply to spouses and partners who have been in a relationship with their sponsor for two years or less at the time of the sponsorship application. The period of conditional status under consideration could be two years, or longer, from the time that the sponsored spouse or partner becomes a permanent resident in Canada.

The objective of the proposed conditional permanent residence period would be to deter marriages of convenience while maintaining the spirit of the family reunification program by continuing to facilitate the reunification of genuine spouses and partners and their dependents. Introduction of the proposed measure by way of regulation would serve to further strengthen the integrity of Canada’s immigration system and send a message that Canada is taking a strong stance against marriage fraud, and immigration fraud in general. A conditional period of two years or more would also help to bring Canada’s policies to deter marriage fraud into line with those of other countries, such as the United States, the United Kingdom and Australia, all of which already employ a form of two-year conditional status for those in new relationships.

Background

One of the objectives of IRPA is to facilitate family reunification. IRPA allows Canadian citizens or permanent residents to sponsor close family members for immigration to Canada, including spouses, partners and dependent children.

While the majority of spouses and partners are believed to be in legitimate relationships, the spousal sponsorship process is open to abuse when individuals enter into non bona fide relationships in order to facilitate entry into Canada. In some cases, both parties may be aware that the relationship is for immigration purposes, while in others, the sponsor believes the relationship to be genuine, while the sponsored spouse or partner intends on leaving their sponsor shortly after gaining permanent residence status in Canada, thus victimizing the sponsor.

While firm figures on the extent of marriage fraud are not available, we know that about 46 300 immigration applications for spouses and partners were processed in 2010 (39 800 from abroad and 6 500 from Canada). Of these, about 16% were refused for various reasons — many on the basis of evidence that the relationship was not bona fide, while others were refused for reasons including criminality, security and medical issues.

While entering into a marriage primarily for immigration purposes is prohibited under the Regulations, it is often a challenge to identify and substantiate these kinds of relationships. In fall 2010, amendments to strengthen the Regulations barring marriages of convenience were brought into force. Additional measures are still needed, however, to effectively deter individuals who might otherwise use a marriage of convenience to circumvent our immigration laws, and to protect the integrity of our immigration system.

There is increased public concern about abuse of Canada’s family immigration program through marriages of convenience, and the issue has received considerable media attention. In order to gauge the seriousness of the marriage fraud challenge, in the fall of 2010, the Minister of Citizenship, Immigration and Multiculturalism held town hall meetings focused on the issue. Citizenship and Immigration Canada also held online consultations on marriages of convenience in the fall of 2010 in order to gather public and stakeholder views.

Respondents to the online consultation expressed considerable concern about marriages of convenience. Most considered the issue to be a threat to the integrity of Canada’s immigration system. There was strong support for measures and actions by the Government of Canada to address marriage fraud, including broad support for a sponsorship bar to prevent recently sponsored spouses and partners from sponsoring a new spouse or partner within a specified timeframe, and the introduction of a conditional measure.

Along with this Notice of Intent seeking input on a proposal for the introduction of a conditional permanent residence measure, a specific amendment to the Immigration and Refugee Protection Regulations to introduce a sponsorship bar to prevent sponsored partners and spouses from sponsoring a new spouse or partner for five years is also being proposed.

Description

Citizenship and Immigration Canada proposes to introduce amendments to the Immigration and Refugee Protection Regulations specifying that, under the family class or the spouse and common-law in Canada class, a spouse or a common-law or conjugal partner who is in a relationship of two years or less with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence. The condition would require that the sponsored spouse or partner remain in a bona fide relationship with their sponsor for a period of two years or more following receipt of their permanent residence status in Canada. Only cases targeted for fraud would be reviewed during the conditional period. Permanent residence could be revoked (leading to initiation of removal) if the condition of remaining in a bona fide relationship was not met. For all other cases, the condition would be automatically lifted after the specified conditional period had elapsed. Beyond the requirement to satisfy the condition, the conditional permanent residence would not differ from permanent residence.

Given concerns about the vulnerability of spouses and partners in abusive relationships, a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action would be developed if a conditional permanent residence period were introduced.

Comments

Any person (including immigration lawyers, stakeholders, provincial/territorial/municipal governments, interested groups, general public) may, within 30 days of this notice, provide their comments on this Notice of Intent, in writing, to the person named below at the address provided.

Comments would be appreciated on the proposed introduction of a conditional permanent residence period of two years or more for spouses and partners sponsored as part of the family class or spouse or common-law partner in Canada class category who are in a relationship of two years or less with their sponsor at the time of sponsorship application.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06663 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

6.1. The Permittee shall ensure that the material is loaded onto floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site.

6.2. The Permittee shall ensure that the waste to be disposed of is covered by netting or other material to prevent access by gulls and other marine birds, except during direct loading or disposal of the waste.

6.3. Material loaded for the purpose of disposal at sea may not be held aboard any ship for more than 96 hours from the commencement of loading without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

6.4. The loading and transit shall be completed in a manner that ensures that no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee shall also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site.

8. Method of disposal:

8.1. The Permittee shall ensure that the waste to be disposed of is discharged from the equipment or ship while steaming within the disposal site boundaries and in a manner which will promote dispersion.

9. Total quantity to be disposed of: Not to exceed 2 500 tonnes.

10. Inspection:

10.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

11. Contractors:

11.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

11.2. The Permittee shall ensure that all persons involved in the loading, transport or disposal activities authorized by this permit conduct these activities in accordance with the relevant permit conditions.

12. Reporting and notification:

12.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Mr. Rick Wadman, Environmental Protection Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email).

12.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Atlantic Region, c/o Mr. Rick Wadman, as identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity of matter disposed of at the disposal site(s) and the dates on which disposal activities occurred.

12.3. This permit shall be displayed in an area of the plant accessible to the public.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 16221

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance 5,5′-(Polyalkenylalkanediyl)bis(3-substituted-4H-1,2,4-triazole), under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies to the substance in accordance with the Annex.

PETER KENTMinister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. In relation to the substance 5,5′-(Polyalkenylalkanediyl) bis(3-substituted-4H-1,2,4-triazole), a significant new activity is the use of the substance in Canada, in any quantity, as

(a) a component in consumer lubricating fluids or fuels when the concentration of the substance is greater than 0.5%; or

(b) a component of personal care products.

2. The following information must be provided to the Minister, at least 90 days before the commencement of each proposed significant new activity:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 to the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) the mutagenicity data obtained from each of the following tests of the substance:

(i) one in vitro test, with and without metabolic activation, for gene mutations,

(ii) one in vitro test, with and without metabolic activation, for chromosomal aberrations in mammalian cells, and

(iii) one in vivo mammalian test for chromosomal aberrations or gene mutations or another indicator of mutagenicity that, together with data substantiating that the tissue investigated was exposed to the substance or its metabolites, permits an assessment of in vivo mutagenicity; and

(e) all other information or test data concerning the substance that are in the possession of the person who intends to use the substance for the proposed significant new activity, or to which they have access, and that are relevant to determine whether the substance is toxic or capable of becoming toxic.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 to the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[13-1-o]

DEPARTMENT OF HEALTH

The purpose of this Notice of Intent (NOI) is to provide an opportunity to comment on the revised proposal to amend Part I of Schedule F to the Food and Drug Regulations to add quinine, its salts and derivatives except in oral dosage form that provides 50 mg or less of quinine base per dosage unit or per daily dose. That means a prescription would be required for products for oral use containing more than 50 mg of quinine per dosage unit or per daily dose. A prescription would also be required for products containing quinine at any strength for any route of administration other than oral. Products for oral use containing 50 mg or less of quinine per dosage unit or per daily dose would be regulated under the Natural Health Products Regulations and would not require a prescription.

Sections C.01.041 to C.01.049 of the Food and Drug Regulations control the sale of medicinal ingredients that are listed in Schedule F. Part I of Schedule F lists medicinal ingredients that require a prescription for human use and for veterinary use. Part II of Schedule F lists medicinal ingredients that require a prescription for human use, but do not require a prescription for veterinary use if so labelled or if in a form unsuitable for human use.

Health Canada has conducted a scientific review of quinine against a set of established and publicly available factors for listing drugs in Schedule F. These factors include, but are not limited to, toxicity, pharmacological properties and therapeutic uses of the medicinal ingredients.

Based on this assessment, Health Canada is recommending the addition to Schedule F of quinine, its salts and derivatives except in oral dosage form that provides 50 mg or less of quinine base per dosage unit or per daily dose. This would result in affected products being regulated as prescription drug products under the Food and Drug Regulations. Since quinine meets the definition of a natural health product, products sold that contain an oral dosage form of 50 mg or less per unit dose or per daily dose would continue to be regulated under the Natural Health Products Regulations.

Description

Quinine is a medicinal ingredient that was originally made from the bark of several species of the cinchona tree and was used for centuries as the primary treatment for malaria. The use of quinine as a malaria treatment declined over the years as new synthetic derivatives of the drug such as chloroquine and mefloquine were developed and used. However, with increasingly drug-resistant strains of malaria appearing, there has been renewed interest in the use of quinine to treat malaria. Quinine is now being used in combination with other drugs such as antibiotics to treat non-severe malaria infections caused by specific organisms that are resistant to other anti-malarial drugs.

A review of the available scientific literature on quinine indicates that the use of quinine to treat malaria requires individualized instructions and/or direct practitioner supervision. There is a narrow margin of safety between the therapeutic and toxic doses of quinine, especially in populations such as seniors, children, pregnant women or nursing mothers. There are potential or known undesirable or severe side effects at normal therapeutic dosage levels that would need to be managed by a practitioner. As a result of this assessment, Health Canada is recommending that quinine, its salts and derivatives except in oral dosage form that provides 50 mg or less of quinine base per dosage unit or per daily dose be added to Schedule F and be regulated as a prescription status medicinal ingredient under the Food and Drug Regulations.

Alternatives

The following are alternative options to adding quinine to Schedule F as proposed:

(1) Do not list quinine in Schedule F.

This option is not considered to be appropriate. After measuring quinine against the factors for listing drugs in Schedule F, Health Canada is recommending that prescription status would be appropriate for quinine, its salts and derivatives except in oral dosage form that provides 50 mg or less of quinine base per dosage unit or per daily dose.

(2) List quinine in Schedule F without any qualifications, that is, without exemptions.

The addition of quinine to Schedule F without any exemptions was proposed in the two previous consultations. However, comments received in response to the proposal led to a reassessment of information regarding quinine. Further review of the toxicity, pharmacologic properties, and therapeutic applications of quinine has resulted in the recommendation that exemption of oral dosage forms that provide 50 mg or less of quinine base per dosage unit or per daily dose from Schedule F status is appropriate.

Benefits and costs

The amendment would have an impact on the following sectors:

Public

Prescription access to drug products containing this medicinal ingredient would benefit Canadians by decreasing the risks of improper use and by ensuring the guidance and care of a practitioner.

Another benefit would be that drug products for human use containing medicinal ingredients listed in Schedule F may be covered by both provincial and private health care plans.

Health insurance plans

Drug products for human use containing medicinal ingredients listed in Schedule F may be a cost covered by both provincial and private health care plans.

Provincial health care services

The provinces may incur costs to cover practitioners’ fees for services. However, the guidance and care provided by the practitioners would reduce the need for health care services that may result from improper use of drug products for human use that contain medicinal ingredients listed in Schedule F. The overall additional costs for health care services should therefore be minimal.

Manufacturers

Following implementation of this initiative, quinine, its salts and derivatives except in oral dosage form that provides 50 mg or less of quinine base per dosage unit or per daily dose, could no longer be sold without a valid Drug Identification Number (DIN) and prescription labelling. Notice of this proposed change in regulatory status is being communicated to the pharmaceutical industry through this Notice of Intent. This advance notice, in addition to a delayed coming into force after publication, would allow manufacturers of affected products sufficient time to make, and if satisfactory, obtain approval of their DIN submission. A letter will be sent to manufacturers affected by this proposed regulatory amendment which may assist them in beginning the preparation of the documents:

(1) Prescribing Information Part I: Health Professional Information; and

(2) Part II: Consumer Information.

Compliance and enforcement

This amendment would not alter existing compliance mechanisms under the provisions of the Food and Drugs Act, the Food and Drug Regulations and the Natural Health Products Regulations enforced by the Health Products and Food Branch Inspectorate.

Consultation

An initial letter to stakeholders was published on October 25, 2004, with a 30-day comment period. A second letter to stakeholders was posted on May 30, 2006, with a 75-day comment period under the Memorandum of Understanding (MOU) to streamline regulatory amendments to Schedule F. Four responses were received from stakeholders following the second consultation. Three respondents supported the proposal. One respondent requested that there be an exemption provided in the listing that would allow naturopathic doctors to continue to treat patients with quinine. That request led to further review of information on quinine and a revised proposal that includes an exemption from prescription status for oral dosage forms that provide 50 mg or less of quinine base per dosage unit or per daily dose.

The process for this current consultation with stakeholders is described in the MOU to streamline regulatory amendments to Schedule F, which came into effect on February 23, 2005. The MOU is posted on the Health Canada Web site.

Health Canada will send the Notice of Intent by email to stakeholders. The Notice of Intent will be published in the Canada Gazette, Part I, and will also be posted on the Health Canada and the “Consulting With Canadians” Web sites.

In accordance with the MOU process, it is anticipated that the proposed Schedule F amendment will proceed directly from this consultation to consideration for final approval by the Governor in Council, approximately eight to ten months from the date of posting of this NOI on the Health Canada Web site. If the amendment is approved by the Governor in Council, publication in the Canada Gazette, Part II, would follow. The amendment would come into force 90 days after the date of publication in the Canada Gazette, Part II.

PAUL GLOVERAssistant Deputy Minister

[13-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for surrender of charter

Notice is hereby given that, pursuant to the provisions of subsection 32(2) of the Canada Corporations Act, an application for surrender of charter was received from

Application for surrender of charter

File No.

Name of Company

Received

452843-3

CLUB DE LOISIRS LES QUATRE TOURS

28/02/2011

451170-1

CONSUMER REPORTS FOUNDATION

10/03/2011

290460-8

International Polar Institute Institut polaire international

28/02/2011

312831-8

Les Ami(e)s de Raymond Lavigne (Canada) Inc.

08/03/2011

266991-9

WESTERN CANADA SATURN DEALER GROUP ASSOCIATION

02/03/2011

March 17, 2011

AÏSSA AOMARIDirectorIncorporation and InformationProducts and Services DirectorateFor the Minister of Industry

[13-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to

AÏSSA AOMARIDirectorIncorporation and InformationProducts and Services DirectorateFor the Minister of Industry

[13-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGSO-001-11 — Decisions on revisions to the Framework for Spectrum Auctions in Canada

The purpose of this notice is to announce Industry Canada’s decisions regarding the revisions to the Framework for Spectrum Auctions in Canada, following a public consultation process initiated in April 2009, through Canada Gazette notice No. DGRB-001-09 — Consultation on revisions to the framework for spectrum auctions in Canada, and to announce the release of Issue 3 of the Framework for Spectrum Auctions in Canada.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

March 10, 2011

FIONA GILFILLANDirector GeneralSpectrum Management Operations Branch

[13-1-o]

DEPARTMENT OF INDUSTRY

The intent of this notice is to announce decisions made regarding the renewal process for cellular and Personal Communications Services (PCS) licences that begin expiring on March 31, 2011, as well as the applicable conditions of licence. The cellular band is 824-849 MHz/869-894 MHz and the PCS band is 1850-1910 MHz/1930-1990 MHz. These decisions will also apply to all other cellular and PCS licences once they come to the end of their term.

Where all conditions of licence have been met, PCS and cellular licensees will be eligible for a new licence, through the renewal process, for a subsequent licence term of 20 years.

Canada Gazette notice No. DGRB-002-09 announced the intention to review the current fee of $0.03512361 per megahertz per population, as prescribed in the applicable fee order No. DGRB-005-03, Radio Authorization Fees for Wireless Telecommunication Systems that Operate in the Radio Frequency Bands 824.040 MHz to 848.970 MHz, 869.040 MHz to 893.970 MHz or 1850 MHz to 1990 MHz. This review is not being undertaken at this time and the current fee will continue to apply to all cellular and PCS licences issued through this renewal process, including those initially assigned by auction. The fees may be reviewed in the future through a full consultation process.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

March 10, 2011

FIONA GILFILLANDirector GeneralSpectrum Management Operations Branch

[13-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-009-11 — Extension to the reply comment period for the Consultation on a Policy and Technical Framework for the 700 MHz Band and Aspects Related to Commercial Mobile Spectrum

The above-noted consultation was announced in the Canada Gazette on November 30, 2010, as notice No. SMSE-018-10. The deadline for the receipt of reply comments was indicated as March 30, 2011.

The purpose of this notice is to advise all interested parties that, due to the large number of comments received and based on the merits of requests for additional time by several respondents to the consultation, the deadline for the receipt of reply comments has been extended to April 6, 2011. All reply comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.